HC warns bureaucrats of imposing cost for delay in filing

Warning bureaucrats that it will be constrained to pay costs for delays in submitting replies in pending cases, the Madras High Court today imposed a cost of Rs 25,000 on the state government and directed it to recover the sum from the salary of the officer responsible for filing counter-affidavit in a PIL.
The First Bench of Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, hearing a PIL filed by advocate V Vasanthakumar on implementation of the Supreme Court orders pertaining to judicial reforms, in its order, said that despite four adjournments since November 2014, counter-affidavit had not been filed by the government.

On December 11 last, the court imposed Rs 10,000 as cost and adjourned the matter to February 26 this year. Still, neither the cost was paid nor the counter-affidavit filed, the bench said.
Taking a serious note of the delay, the judges said the counter should be filed by the state government within four weeks "subject to a cost of Rs 25,000. The cost be recovered from the delinquent officer responsible for not filing the counter-affidavit and certificate of recovery be filed, failing which the Secretary shall remain present in court."
The judges also rapped the state government for keeping the Law Secretary post vacant and making do with an Additional Secretary. They then directed the Additional Law Secretary to be personally present in the court on June 25.

As for a counter-affidavit by the Centre, the judges gave four weeks to it to file the reply. Otherwise, the Additional Secretary in the Law Ministry should be present in the court with relevant records, they said.
The judges also ruled that pleadings were not filed in time by authorities.